Walsh’s Supreme Court challenge hangs on legal technicality

The fate of 23 would-be judicial delegates and alternates loyal to Albany Family Court Judge Margaret “Peggy” Walsh appears to hang on a legal technicality.

The delegates, who are supporting Walsh’s insurgent bid for state Supreme Court, were in court this morning suing to get back on the ballot after the Albany County Board of Elections tossed them off last week on the grounds that Walsh is running for two judgeships at once.

During a 25-minute hearing, acting state Supreme Court Justice Thomas McNamara seemed unimpressed with the arguments of those allied with party-backed Democrat Justin Corcoran.

Democratic Party operatives convinced the Board of Elections that the fact that Walsh is running for re-election to family court should invalidate the ballot petitions of Supreme Court delegates loyal to her based on a state prohibition on running for two incompatible offices at once.

The delegates argue their candidacies are legally distinct from Walsh’s because they are not obligated to vote for her at September’s Democratic judicial nominating convention, where Walsh is hoping to wrest the party nod in the seven-county Third Judicial District away from Corcoran.

But most of the hearing was devoted to a much more arcane issue: Whether or not lawyers for the delegates properly filed their lawsuit challenging the board’s decision. If they didn’t, the delegates’ bid to get back on the ballot could be scuttled before the meat of the case is ever decided.

Peter Barber, Jacobson and Cunningham’s attorney, argued the delegates’ lawyers did not properly file because the paperwork in a so-called special proceeding needs to be filed with the county clerk.

Christopher Higgins and Ken Dow, lawyers for the delegates, countered that they effectively met this requirement when they paid their filing fee and received a case number from the county clerk — even if the original paperwork was not returned to the county clerk.

McNamara acknowledged the requirement “doesn’t make sense to me as a human being.” But he also said it could be a fatal flaw with the lawsuit.

“If I can find my way around this, I will,” the judge said. “But if I can’t, I can’t. The law is the law.”

McNamara gave the delegates 24 hours to file additional arguments, and a decision is expected in the case as soon as Thursday.

If the suit is thrown out, Walsh’s bid for state Supreme Court may be dead in the water.

But if McNamara finds in the delegates’ favor — a strong possibility if they survive the technicality — the delegates backed by the Democratic Party will be forced to campaign against her slate for the rest of the summer.

Mr. Guy,
You can comment on every one of these articles as though you have never read any other comments. However, asking the same question every single day when you know the answer is silly. So, for the umpteenth time, Judge Walsh will not have to decline any Supreme Court delegates if she wins. She will not have to, nor will she. So, here is why she bothers. 1. The Albany County Democrats are not very Democratic in their selection of judges. 2. If she wins the delegate battle, she will not have to decline, nor will she decline. She will become a Supreme Court Justice. If not, she will run as a Family Court Judge. I am anxiously waiting for the next, “Gee, how can she be two judges at once” question.

You misunderstand, you keep hiding behind the delegates. she may not have to decline a delegate BUT If the delegates are successful and she wins and is picked she is then on the ballot running for two Judgeships. She has accepted one already and according to you will accept the other. I guess this is silly.